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Archive April 22, 2000

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Band versus Fans - All Time Tag Team Match makes Westlemania look Tame!

Music Industry Takes on MP3

Lawsuits, Alternative Technologies, Maybe even Cooperation?

UPDATED April 22, 2000; Originally filed April 19, 2000
Although people have been downloading MP3 music files for more than two years, the record industry simply has refused to acknowledge that consumers might just possibly like the new technology. Instead they have acted as if MP3 was only a tool of the Cyberspace Mafia, an evil cult determined to destroy every artist and the industry as a whole.

The facts have never been on the recording industry's side. The Recording Industry Association of America (usually referred to as the RIAA) is clueless, and until today has employed only a "shoot first, kill the bastard, and don't even bother to ask any questions, ever" approach to the new music format.

Here are the real facts:

    In 1999, the first year in which MP3 technology was widely available, the record industry experienced 8 percent growth in revenue -- from $13.7 billion in 1998 to $14.6 billion in 1999 -- while the number of audio and video units sold rose from 1.12 billion to 1.16 billion, based on statistics published by the RIAA.

    This year the music industry has grown about 8 percent over last year's first quarter. For more details see Brad King's articles in WIRED Magazine.

There are legitimate businesses that use MP3 for sales and promotion. With about 100,000 songs available, eMusic.com currently has the biggest selection of downloadable music for sale on the Web. And their success would indicate that the recording industry's sales numbers might have been higher if the record labels had actually embraced MP3, rather than shunning it.

But instead the music industry is attempting to develop something they call "the Secure Digital Music Initiative," a way to encode music, but strip from it the ability to be copied. It is destined for failure before it is even launched. When the consumer buys the music, they want the ability to use it as they see fit. This includes making their own mixes on CD, loading in into portable devices and computers, using it as music on home videos and even altering it to suit their purposes. The consumer will NEVER, NEVER, NEVER, accept a copy proof format!!!

Virtually all legitimate retail consumers will buy the music to begin with. If one just one record company, one big name band would embrace MP3, they would make millions! Well, more millions than they already make. Don't you wonder what Jerry Garcia and the Grateful Dead would do?

Metallica Wants You to Stop Stealing their Songs On thing is certain, the heavy metal group, METALLICA is no Grateful Dead. METALLICA is the latest group to attempt to punish their fans, rather than reward and cooperate with them. Link here to the news update on Metallica's Lawsuit against MP3 downloading resource Napster and three universities (Yale University, the University of Southern California, and Indiana University). And let's give Metallica credit for not ducking the issue. Here is their PRESS RELEASE right on their own web site.

Yale University became the first to buckle under the pressure. Late today (April 19, 2000), Metallica said it would drop Yale University as a defendant in a copyright infringement lawsuit after the school banned students from using Napster.

But METALICCA Fans are quickly becoming METALLICA Enemies. One very clever site, PayLar$.com has attracted thousands of hits. And it is a clear backlash against METALLICA.

Here's the story behind PayLar$: Metallica drummer Lars Ulrich labeled MP3 trading Metallica fans as criminals. What's more, by naming several John or Jane Does as defendants in the suit, Metallica has positioned themselves to sue their fans directly for alleged copyright infringement.

PayLar$.com is designed and operated by MP3 businessman Mark Erickson, gives fans a chance to PAY LARS any money METALLICA have lost to pirating. Erickson just wants to help these poor starving artists recoup some of the money they claim to have lose due to pirating. So far the site has collected about $15.00!

One thing is clear, the Recording Industry's search and destroy strategy has backfired into the Napster rebellion. Napster software, which is spreading like wild fire, allows MP3 users to share files. Napster may have supplied the ammo, but so far it has been the record labels shooting their most avid fans over accessing music on the Internet. Napster itself may fold under pressure, but the world has moved to IRC sites to facilitate trading of music.

When it comes down to massive collections and diversity of choices, DALnet is MP3 heaven. Like other Internet Relay Chat sites, it has thousands of channels of various discussions. It has become a popular place for MP3 trading channels. At any given time, more than 100 channels can be found on DALnet, all for trading MP3s.

Would an about-face on MP3 really work. Gene Hoffman, CEO of eMusic.com thinks so. He believes the MP3 revolution was inevitable. "Once MP3s were available, consumers were going to download them -- legally or illegally."

Comparing the current battle between the RIAA and consumers to Prohibition Hoffman said, "In the '20s, people made a lot of bathtub gin, but they don't do that today because they can buy it for $20."

the WIZARD, fkap couldn't agree more! We believe that Metallica's lawsuit will backfire. The consumer has had it! The revolution will continue until the music industry gives the customer what he wants!

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